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Sowmya (NA)     16 September 2012

Hindu marriage act

Hi ALL, Please Help!!!

I am Sowmya living in Mysore, Karnataka my Problem details as follows, please help me to face it..

I  loved my Mother's Sister Son name Sampath,we run away from home and married in the year 1978

Since both of our family didnt accept the marriage we stayed apart and in search of job and living almost tried settling in every part of south india and atlast settled down in Hassan, karnataka

We didnt had childrens

And after few years my Husband family accepted us and we stayed with them for some time

And we both earned and purchased some property in mysore and hassan. 

We constructed a home in mysore and settled in our own house.and led a happy life for few years untill my husband's sad demise in the year 2001

I was left all alone and leading life with rent i am receiving from my house.

Now all of sudden my husband's mother and her children are threating and filed a case against me stating my marriage was invalid as per the Hindu Marriage Act(sec 5) and hence the property belongs(both Hassan and Mysore)to them.

Please help me in this regard so how can i fight the case.Eagerly looink for your kind response.


 7 Replies

Anish Thakur 7018812737 (advocate)     16 September 2012

respected somya ,

things are clear

the property is gained by you and your husband collectively , so after your husbands death ,if he had not made any will then his share will divide in his wife and children so there are no children so wife is the only class 1 heir so she will inherit all his share ,and rest is the concerned about the validation of marriage due to prohibited relationships is no ground here as your parents and parents in law had kept silence for years during all these years ,want to know few more facxts regarding the property to reach exact and proper conclusion.feel free to call .

GANGO PADHYAYA (Advocate)     16 September 2012

You said that they accepted your marriage, I would like to know that is there any ration card, voter card , who is nominee to husband, is there any reality them.For you Hindu succession act is there : Consult the counsel to get better reliefs.

Husband family members married or not

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     16 September 2012

You have the 100 % right on that property but you have to proof yourself (with any govt proof like voter card, marriage certificate or ration card that "you are his wife") if any legal action taken by yours mother in law.

Sowmya (NA)     16 September 2012


Sir, thanks for all your replies,

Sir the Property is just  single bedroom house and a vacant land,

Yes i do have proper voter card and Ration card,

Sir ,while getting married till today we never know there exist a legal complications, we loved each other so much so that we never thought about that such unforeseen complication will arise.

GANGO PADHYAYA (Advocate)     16 September 2012

Hindu succession act IS THERE "doctrine of factum valet"

Sowmya (NA)     16 September 2012

Hi SIR, 

Thanks for that, can u please give some experts on Hindu Succession Act and how does Doctrine of Factum valet apply to my case.

Sowmya (NA)     18 September 2012

Hi Sir,

I spoke to my advocate,he is in opinion that case is little complicated, because the marriage is prohibited under sec 5 of Hindu Marriage Act, and it is a void marriage from inception,can anyone please help in this situation

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